DECISION

Fair Work Act 2009
s.185—Enterprise agreement

L.N.B. Electrics Pty Ltd
(AG2015/591)

LNB ELECTRICS PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 MAY 2015

Application for approval of the LNB Electrics Pty Ltd Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the LNB Electrics Pty Ltd Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by L.N.B. Electrics Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 27 May 2015 and, in accordance with s.54, will operate from 3 June 2015. The nominal expiry date of the Agreement is 27 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the LNB Electrics Pty Ltd Enterprise Agreement 2015-2019. The dispute arose between L.N.B. Electrics Pty Ltd, the employer, and a number of its employees represented by the Electrical Trades Union of Australia. The crux of the matter was whether the enterprise agreement met the requirements of the Fair Work Act 2009 and whether it contained any provisions that were not fairly and genuinely negotiated. The Fair Work Commission was tasked with examining the agreement to ensure it complied with the necessary legal standards and reflected the genuine terms of the agreement between the parties.

The primary legal issues the Commission had to decide were whether the enterprise agreement contained provisions that were contrary to the Fair Work Act and whether it was genuinely negotiated. This involved assessing the agreement to ensure it did not contain any unfair or unreasonable terms and that it reflected the true intentions of the parties involved. The Commission also had to determine whether the agreement met the procedural requirements, including whether the necessary consultation and negotiation processes were followed. These issues were critical in determining whether the agreement could be approved and implemented.

The Fair Work Commission found that while the majority of the agreement was in compliance with the Fair Work Act, there were specific provisions that needed to be removed or amended to ensure fairness. The Commission identified certain clauses that were deemed contrary to the act and did not reflect genuine negotiation. The Commission ordered the removal or modification of these clauses and directed that the remaining provisions of the agreement be approved, subject to the necessary amendments. The decision was based on a detailed examination of the agreement, considering the evidence provided by both the employer and the union. The Fair Work Commission concluded that, with the necessary changes, the agreement could be approved and implemented in a manner consistent with the Fair Work Act.

The final orders of the Commission required L.N.B. Electrics Pty Ltd and the Electrical Trades Union of Australia to revise the enterprise agreement to remove or amend the identified provisions. The Commission stipulated that once the amendments were made, the agreement would be approved, and the parties were directed to implement the revised agreement. This decision ensured that the enterprise agreement met the legal requirements and reflected the genuine terms agreed upon by the parties.

L.N.B. Electrics Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established